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Action

Notice Of Determination.

Summary

The Regional Administrator of the Environmental Protection Agency—New England Region, has determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the state waters of Vineyard and Nantucket Sounds and the Islands collectively termed Southern Cape Cod.

Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically in www.regulations.gov.

On April 26, 2012, EPA published a notice that the Commonwealth of Massachusetts had petitioned the Regional Administrator, Environmental Protection Agency, to determine that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the waters of Southern Cape Cod. Eight comments were received on this petition and all endorsed this designation. The response to comments can be obtained using the above contact information.

The petition was filed pursuant to Section 312(f)(3) of 92, as amended by Public Laws 95-217 and 100-4, for the purpose of declaring these waters a No Discharge Area (NDA).

Section 312(f)(3) states: After the effective date of the initial standards and regulations promulgated under this section, if any State determines that the protection and enhancement of the quality of some or all of the waters within such State require greater environmental protection, such State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into such waters, except that no such prohibition shall apply until the Administrator determines that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for such water to which such prohibition would apply.

This Notice of Determination is for the waters of Southern Cape Cod. The NDA boundaries are as follows:

Waterbody/general area

Latitude

Longitude

West of the Elizabeth Islands

41°24′35.11″ N

70°56′54.62″ W

West of the Elizabeth Islands

41°22′30.32″ N

70°59′51.57″ W

West of the Elizabeth Islands

41°24′17.81″ N

71°02′06.69″ W

The upper-eastern area of the NDA is bound by the Outer Cape NDA:

Waterbody/general area

Latitude

Longitude

South of Monomoy Island

41°32′29.79″ N

70°00′36.28″ W

South of Monomoy Island

41°29′14.59″ N

70°00′10.93″ W

The small triangle of Commonwealth waters at the mouth of Buzzards Bay will be bound by the following coordinates along the Federal/State boundary line:

Waterbody/general area

Latitude

Longitude

Mouth of Buzzards Bay

41°24′50.40″ N

71°02′48.61″ W

Mouth of Buzzards Bay

41°25′25.66″ N

71°03′31.78″ W

Mouth of Buzzards Bay

41°25′18.57″ N

71°04′18.47″ W

The two temporarily undesignated areas will be bound by the following coordinates:

Area 1:

Waterbody/general area

Latitude

Longitude

Vineyard Sound

41°30′33.61″ N

70°40′06.67″ W

Vineyard Sound

41°30′49.20″ N

70°39′19.65″ W

Vineyard Sound

41°30′59.29″ N

70°39′02.76″ W

Vineyard Sound

41°30′03.08″ N

70°33′54.78″ W

Vineyard Sound

41°28′22.57″ N

70°33′27.72″ W

Vineyard Sound

41°28′44.74″ N

70°35′18.74″ W

Vineyard Sound

41°29′08.60″ N

70°35′32.38″ W

Area 2:

Waterbody/general area

Latitude

Longitude

Nantucket Sound

41°34′27.90″ N

70°16′48.99″ W

Nantucket Sound

41°34′27.90″ N

70°15′00.99″ W

Nantucket Sound

41°33′20.36″ N

70°14′39.33″ W

Nantucket Sound

41°31′41.73″ N

70°12′27.06″ W

Nantucket Sound

41°31′07.88″ N

70°15′32.25″ W

The boundaries were chosen to maximize the area designated, give larger vessels a temporary window in which to comply with this proposed regulation, and generally represent all navigational waters. The Southern Cape Cod NDA will encompass the state waters of Vineyard and Nantucket Sounds and the Islands.

The information submitted to EPA by the Commonwealth of Massachusetts certifies that there are 29 pumpout facilities available to the boating public. The location, contact information, hours of operation, and water depth are provided at the end of this notice.

Based on the examination of the petition and its supporting documentation, and information from site visits conducted by EPA New England staff, EPA has determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the area covered under this determination.

This determination is made pursuant to Section 312(f)(3) of 92, as amended by Public laws 95-217 and 100-4.